Rickey E. Mitchell v. W.J. Michael Cody, Attorney General of the State of Tennessee

Petitioner Mitchell, who is facing trial for vehicular homicide in a state court in Tennessee, here appeals from a federal district court order denying his application for a writ of habeas corpus. Having already been tried on a lesser charge in connection with the motor vehicle accident that ultimately led to his being indicted for homicide, Mr. Mitchell argues that if Tennessee were to try him again it would violate the constitutional prohibition against double jeopardy. Finding that this case comes within the “necessary facts” exception to the general rule prohibiting successive…